EU court says 110% NOx leniency for RDE test is illegal

OEMs take a blow as the cities of Madrid, Brussels and Paris win their case at the General Court of the European Union.

In 2016, car makers succeeded in convincing the Commission to raise the NOx limit from 80 to 168 mg/km for the Real Driving Emissions (RDE) test, i.e. introduce a conformity factor of 110% as a temporary measure to bridge the gap between lab and real.

"The Commission did not have the power to amend the Euro 6 emission limits for the new Real Driving Emission tests," the Luxemburg-based court ruled yesterday. That it may be technologically difficult for carmakers to meet these limits was not a sufficient argument, the court ruled.

The Commission has two months to appeal. If it does not, the EU will adopt the new legislation within 12 months.